you're watching cbs 5 eyewitness news on the cw. >> start eyeing the sign. somebody alert the presidential debate moderator. gasoline prices jumping in the blink of an eye. >> a showdown over free speech and civic order ends in disorder. what's next after another wild night at oakland city hall. and on the eve of obama, romney, round one. which candidates can claim the highest television rattings and which vp candidate gets honorable mention? i'm ken bastida. >> and i'm dana king. there has been a huge spike in the gas pump and it happened overnight. kit doe on the reasons why gas stations are pushing a 10 to 30- cent jump. fill her up, kit. >> reporter: dana, in a simple

supply, demand economics. a number of refineries shut down for a various number of reasons. one of which is the heat. >> the record heat that has been sweeping was apparently too much for the power grid in southern california. the exxon mobile refinery shut down yesterday after the facility lost power. gasbuddy.com says the heat caused a transformer at a nearby substation to malfunction. combine that with the refinery in richmond, and you have yet another perfect storm for high gas prices. the wholesale cost shot up $1.06 in one week. by friday, retail prices could spike 30 cents. if it keeps up, station owners will have to sell it at $4.75 a gallon to break even. 12 miles to the gallon in the city. blaming high gas prices on the heat is farfetched.

>> the gas companies find any reason they can. it's going to be the heat. just another excuse. >> reporter: and the gas experts say if california doesn't pick up production and crank out more gas soon, we could see, worse case scenario, $5 gas. you can check out cbssf.com/gas. live in san jose, cbs 5. well, they were trying to head off another disruptive demonstration. oakland city leaders gave protesters another reason to cut loose. cbs 5 reporter was there. kristen, what happened this time? >> well tonight, dozen of protesters were locked outside of the city council chambers as the meeting went on tonight. they were there to protest the death of an oakland teen who was shot by police. but they say tonight, their rights to free speech were crushed. chaos outside the council

chamber. 50 protesters locked outside doors guarded by police. while those who made it inside called for officers to open the doors. they came here to speak out against the shooting of allen, an oakland teenager who was armed with a gun when officer miguel shot him dead in may. >> miguel masso murdered allen in cold blood and that you are covering up a murder. >> protesters shut down last week's city council meeting, but the council clamps down, banning protesters from sitting in the raptors and setting up overflow rooms instead. >> the rules have alts been very clear. if the crowd is too large for the room, you establish a secondary place where people can watch. >> there are open seats all over this room and they have doors closed. >> the city has suppressed information about their son's death. tonight, after five months, a city council member handed the

family a police report they have been waiting for. their lawyer says the report is heavily redacted and does not include a statement from the officer who shot him. but it does prove that blueford never fired a shot. for the family, it's a step. but far from the justice they say is due. city leaders told me it is unclear whether the balcony's will remain off limits in future meetings, but they did not violate any public meeting laws. ken. >> all right, kristen iowaers, ayres, thank you for that. that is not the worse thing they had to deal with. they opened up five new homicide investigations just since last night. that's right. that's when two men died in separate shootings on mcarthur boulevard. then this morning, two more men gunned down as they sat in a parked car on 72nd avenue.

and this afternoon, if you can believe it, a 5th man shot to death a z he sat on his porch in east oakland. these homicides bring oakland's total for the year to 90. a man described by friends and family as selfless disappeared. cbs 5 reporter, juliette goodrich on the search for eric garcia. >> reporter: i really think if he doesn't come home soon -- >> friends and family gathered in san jose to pray for 32-year- old eric garcia's safe return home. this big guy was a big heart, went missing mysteriously. >> totally out of the character for my brother. he's always there. >> he left his friend's house near vine and good year streets september 18, 11:45 at night. he got a phone call and said he would be right back. his home just two blocks away.

they have no leads, no trace of him. friends say it's like he vanished. they have been searching for him for two weeks now. >> when he wasn't home, but knew something was wrong. >> everyone thought that. big deadly bear. >> everyone dressed in white t- shirts and jeans like eric. they put together a facebook page where more than a thousand people signed on to help find him. he is 5'10", 350-pounds with a hair lee harley davidson tattooed on him. his parents are worried about his heart condition, which requires medication and beta blockers, which he doesn't have with him. not only was eric garcia a hard worker, he volunteered his time. police are in the prosees of

reviewing cell phone records, if he hasn't called home, something isn't right. in san jose, juliette goodrich, cbs 5. hot enough for you? record breaking temperatures brought another fire warning today. san jose's park closed today as a precaution. temperatures in the area hit 96 degrees yesterday with close to no humidity. if conditions do not reach a fire safe level, the park will stay closed for yet another day. and it's another warm fog-free night out there around the bay area. paul dirks ano joins us with a look at how hot it got. >> record highs set in mountain view. low 100s in some places. livermore, 10e 3. richmond 96. redwood city, 95. record high, second straight

day, san francisco in downtown. not @ airport, in the city. and oakland into the 90s for a second straight day. this is the warmest two-day stretch of weather in downtown san francisco since october of 2010. nearly two years ago. but guess what? things are changing. already the winds are blowing in. we'll talk about how chilly we'll get in ten minutes. >> and nobody is cleaning. thanks, paul. >> a trite little tribute for you. obama, mccain, how about a dash of ross perot? >> nope. no, no, and no. >> all right. >> give up? >> important commitment which i am trying to realize and continue to do so in the future. >> . >> it was jimmy carld in 1980.

that showdown had an audience of 80 million people. the numbers hover around 60 million. the sarah palin debate bumped that number up over 70 million for only the second time in debate history. or maybe it was joe biden. i don't know. tomorrow night, another presidential debate will go into the contest involving two men who haven't spent a lot of quality time together lately. flash back to 2008 and there they are, senator barack obama and mitt romney sharing a few moments. >> after the republican debate november in new hampshire. two of the three times the men have ever seen each other in person. flash forward to 2012. one day before tomorrow's debate, romney briefly stopped

for lunch grabbing buritos with his sparring partner, ohio senator, rob courtman. >> people want to know who is going to win? president obama spent the day near las vegas. where his rehearsals was john kennedy and caught about joking them. >> they are making me do my home withwork. >> romney seemed to down play his reports that prepped him with sinkers. >> it's not so much winning or losing, it's about something bigger than that. it will be a conversation with the american people that will span almost an entire month. >> and romney has softened his position on immigration. he will honor the president's recent stop gap measure, stay in the country until immigration reform is passed.

tomorrow's debate will focus on domestic issues. the second half will address healthcare and other national concerns. of coverage begins at 5:00. and scott pelley will have full debate coverage starting at 6:00. elizabeth cook, cbs 5. what more could california have asked? >> parks were broke, so regular citizens stepped up and digged into the product. >> but the state didn't really need their money. why those of you will not p getting a refind. >> los angeles is cool with medical marijuana again. why the second largest -- why to close down its special

coffee out. >> word of wisdom about the sale into a perfect storm. the only question tonight, can muni save the city from drowning in people? find out.

park - only to lea they donated their time and money to bail out a beloved state park system, only to learn california really didn't need the help. now, those donors would like their money back. but as cbs 5 reporter explains, the date says no way. >> the most aggravated thing for me is, we worked like the devil for more than a year to raise enough funds to keep the park open for three years and

suddenly discover it's not needed. >> winslow and his wife are two of the many people who donated their time and money. all to keep their beloved henry co.state park from closing. their copark preservation fund became a state wild audit. raising $350,000. then came news the park's department had a stash of $54 million somehow hidden in its own budget. >> if they did know, shame on them. >> more than enough to keep co.and others informed. the $54 million was found after the preservation fund wrote a check to the state for $279,000. the volunteers want that money back. >> i think we should probably write to the donors and offer their money back.

because it was under false pretenses. >> the state says no can do. there is no mechanism right now in state law to have us refund money to the cofoundation. we reached out to them, we would like to have that parter nipp alive. >> they never tried to reach us and there hasn't been any e- mail contact either. >> the damage is done in trust and money. another $20 million in pledges the fund secured is evaporating. >> we don't ask them anymore. >> as a result of this? >> they can't get a refund from the state, the volunteers are asking them to give them a memorandum of understanding. it can only be used to help henry co.news. barely two months ago, every single dispensary was

given a death sentence. today, the simply changed his mind. with an 11-2 vote, the city council repealed its own ban on pot shops. why did they do it? angry opponents for a repeal referendum. >> weekenned by chemotherapy treatments for cancer. >> if i can't get marijuana and this isn't medically prescribed, what do i do and what do all the people that have health issues, who have been relying on it. >> as far as local law is concerned, the low tell leaves $28,000 all by unregulated. if case you haven't heard, san francisco will be the target of a full scale invasion. mike asked the question, should we do worried? if our last line of defense is

muni. >> did you hear? a couple big baseball playoff games in the bay area this weekend. sold out football game at candle stick. >> there's america's cup of racing r. it's fleet way ebbing. with the blue angels, then there's the fair. are you going to be there? >> yeah. >> and bluegrass, golden gate park. >> there's going be hundreds and thousands again, if not more than a million people converging on the city. >> sound, muni is not very good. >> that's not just an opinion. on time a little more than-the time. it's short 160 drivers.

they go unfilled. >> i'm optimistic about this weekend. >> really? >> investing in the infrastructure, which is the buses, the track, the trains, the traffic flow. and they're going to get better. >> this is the type of weekend lots of people get on muni. throwing everything in fans. which begs the question. >> you can do it for a weekend, why can't you do it every day? >> to sustain that level of activity, to osteopathy those extra vehicles. >> are you going to the game sunday? >> yes. >> how are you getting to the game? >> we car pooled. >> might be the smartest way out there. >> is you heard the term? mike, cbs 5. >> a quick followup, yes, i'm

talking about the naked guy. when it comes to nudity in public. thankfully. a measure introduced today calls for fines starting out $100. street fairs would be an exception. not a deal dual yous yet. the mash will rest will be thrown out. >> that's all we have left is this offshore wind. 103 degrees in livermore. we're talking about 25 to 30 degrees above normal. you can. that smog out, everybody is going to have good air quality. if you look up, do you night see. the blue angels out this doing

their thing earlier today. man are they so much fun to watch. they'll be putting on their official show this saturday and sunday. the weather is going be different. first peek outside, clear skies, still a welcome night. stan 74. san hoey say at 78. overnight tonight, we will coop off, oakland down to 59. fair field 57. napa, santa rosa, down to the low 50s. change is coming tomorrow. it's not going to get cold. it's just not going to be record heat because the on shore flow is coming back. counterclock wise flow around us, it will give us the cooler process. it will be 20 or 3 degrees right over cool. several days starting on friday. this upcoming weekend, .

oakland tomorrow back down to normal. 72 for a high. san ho degree degrees. los altos around the bay. con cerd 83. antioch 86. still warm, santa rosa temperatures running cooler than they have been. the weekend right around 70. chance of showers next week. sports is next. dan hurd: when i was a child, california was a leader in education funding. erika derry: and the fact that california isn't making it a priority frustrates me. dan hurd: i'm ashamed of that, and i don't want this to continue for my daughter.

brenda kealing: prop 38 is going to bring a lot of money to our schools. suzan solomon: the money stays at the school site. cade derry: what i would really like to see is that the teachers... that were laid off come back to the school. navaz hurd: a smaller class size. navaz hurd: as a mom i want that. as a teacher i want that. prop 38 is an opportunity of a generation.

next week, he will get some national recognition. he was a champion for farm workers. >> next week, he will get national recognition during a campaign swing through california next week, president obama will designate chavez in kern county as a national monument. it's a move that makes his family very proud. >> it really is an honor. it's humbling because of all of the work that cesar did, to be recognized on a national level is just, you know, really a true testament to all the work

that he did and all the people he changed, or at least the lives he changed. the people that he touched. >> chavez in the town of keen served as the 'm dod.. could they tie the rangers r the division lead??? the anr is next 1993. >> 30,000 plus, i'm dennis o'donnell, could they do it again? could they tie the rangers for the division lead? the answer is next. what was grandma's cold remedy? hi, primo! asopao! right, asopao! there you go cuz, so you can sweat it out! oh, and music... ( all ) music? ... heals the soul. the power to share unites us. verizon brings your entire family the savings of the share everything plan. unlimited talk. unlimited text. and data you can share with up to 10 devices, all in one plan.

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this is the pursuit of perfection. a's had a chance to tie the rangers for first place in e well, they clinched a wild card spot last night. tonight the a's had a chance to tie the rangers for first place in the american league west. now, they can win it if they sweep the rangers. as' were down 1-0 until the

bottom of the 5th. josh scored and nelson cruz kicked it around. that allowed brandon moss it take a 2-1 lead. bottom of the 6th inning, facing harrison and there it is. solo shot. and that backed the strong pitching of travis backly and the rest f up was up to the bullpen. the a's were 3-1. buster, the giants in l.a. trying to knock l.a. out of the playoff con contention. 24th, giants lead 1-0. barry zito was on it again. 5th inning, l.a. runners on second and third. jeter makes the nice play. right now they are bottom of the 9th inning and the giants

are lead 4-3. the dodgers could be knocked out. >> too bad.